Section 10.7 Substitute Counsel

• Library: Criminal Practice 2012 Supp

c. (§10.7) Substitute Counsel

In United States v. Wade, 388 U.S. 218 (1967), the United States Supreme Court left open the question of whether the presence of substitute counsel might suffice when notification and presence of the suspect’s own counsel would result in prejudicial delay. Id. at 237.

The use of substitute counsel has been held by other courts to be proper and to satisfy the Wade/Gilbert rule (§10.5, supra) requiring the presence of counsel. Gilbert v. Cal., 388 U.S. 263 (1967); United States...